BREACH OF CONTRACT LITIGATION

When it comes to breach of contract litigation, Diwan Law is committed to protecting our clients’ best interests and business interests.

A breach of contract is a violation of any of the agreed-upon terms and conditions of the contract. The violation could be anything from a late payment to more serious breaches such as the failure to deliver a promised asset.

While many breaches of contract may result from negligence or ignorance, others may result in intentional violations of the contract.

As an Atlanta contract attorney, Diwan Law can help you determine the intent of the contract and prove the other party violated it.

Diwan Law will investigate your case, gather the evidence necessary to support it, and get you the desired results.

THE ELEMENTS OF A BREACH OF CONTRACT

Although it is up to the court whether or not a breach occurred and what type of breach, in general, there are three elements that a plaintiff must show to have a viable breach of contract claim.

• The existence of a contract is required to determine if there has been a breach. Although it is unnecessary for the contract to be written, the case is easier to prove if the contract is in writing. Three elements make up an enforceable contract:

1. An “offer”, or an intention of the parties to enter into the contract;
2. The acceptance by both parties of the agreement’s essential terms, and:
3. Proper consideration requires that each party give or receive something of value. One-sided contracts, based on services rendered in the past, are often not enforceable.

• A breach of contract terms: At most, one party must have violated one of the terms. Nevertheless, it is unnecessary to take every term in the contract literally. A lawsuit can only be filed if significant breaches affect the other party’s value.
• Damages resulting from the breach: The suing party must show that the other party’s violation caused them some type of harm, such as financial loss or lost time. The breaching party may be held responsible for all expenses and punitive damages. The breaching party could also be required to comply with the contract’s terms, or to void it and return the infected party to the state they were before the contract was made.

Different Forms Of Contract Breaches

Despite the complexity of creating and maintaining a contract, there are four types of common breaches that could trigger a contract dispute.

• Partial

A partial breach is sometimes called a minor breach. However, it will allow the plaintiff (non-breaching party), to sue for actual damages such as the costs of fixing the problem.

• Material

An issue that is significant enough to cause monetary loss via damages or undue hardship like working for someone. A material violation is perhaps the most frequent breach of contract consequence

• Fundamental

A fundamental breach is when someone disregards a contract in such a way that it becomes unworkable. The plaintiff can sue the breaching party not only for actual or alleged damages but also to end the contract if they have good cause.  and costs.

• Anticipatory Breach 

If you believe that the other party is mistreating your contract so clearly that you are likely to be sued soon, an anticipatory breach can be used to speed up the contract’s termination.

These types of cases can come in many different forms such as:

• Contracts for construction;
• Lease agreements;
• Real estate contracts;
• Supply contracts;
• Debt buyer lawsuits (i.e., Midland Funding, PRA, Zwicker and Associates, Asset Acceptance, Cavalry Portfolio Services, Cooling and Winter, LLC, Unifund, and others);
• Credit card lawsuits (i.e., Discover, Bank of America, and Capital One, among others).

HOW TO ACT AFTER A BREACH

The first step in this legal process is to identify that there has been a breach of contract. It is crucial to identify the breach and how to deal with it without causing any legal problems or causing harm to innocent parties or business partners. Diwan Law treats its clients as if they were family. We have a friendly, open approach to all our clients. However, when it comes time to handle business lawsuits or negotiations, we can be relied upon to represent you with professionalism. Our goal is to help you reach a positive and quick resolution to your contract breach without causing undue damage to the professional relationships that you and your company have built.

To bring legal action against a contract breach, there are four steps:

• Collection

Collect as much information about the possibility of a breach of contract. The original written contract is what you will need, along with any amendments, changes, or other documentation that may be taken to mean that the contract has been altered.

• Counsel:

You should seek professional advice before you accuse anyone of violating a business agreement.Our Atlanta business litigation lawyer can help you navigate the process.

• Discussion:

Not all contracts are broken with the intention of permanently destroying your business propositions. Let us discuss the possible solutions and fixes with the opposing side’s legal counsel. It is possible to resolve the breach without escalating the matter further.

• Litigation

If negotiations or mediation fail, you can expect courtroom litigation. Let us act as your legal advocates during this process.

If you are or may become embroiled in a contract dispute, call or contact our experienced litigation and breach of contract lawyer in Atlanta today for a free consultation.